The Concept of In Rem Lawsuits as an Alternative to Confiscation of Assets from Corruption Crime to Recover State Financial Losses in Indonesia

Corruption was once a straightforward economic crime, making it easier to detect. Over time, it has evolved into a sophisticated and complex issue, making it harder to uncover and leading to escalating state financial losses each year. Therefore, this study aimed to formulate the following questions using a normative and juridical method through literature. First, how can the legal basis for confiscating assets obtained through corruption be criticized in the context of returning State Financial Losses, particularly concerning Rem lawsuits? Second, what is the philosophical foundation for using In Rem lawsuits to confiscate assets derived from corruption in Indonesia? The results showed that, first, the legal framework governing asset confiscation in corruption cases remained inconsistent in terminology and did not comprehensively regulate the return of state financial losses through In Rem lawsuits. Second, existing legislation lacked clear definitions and conceptual clarity regarding asset confiscation and state financial losses. From a philosophical perspective and considering Indonesia's ratification of several international conventions, the country should correlate the legal provisions to effectively implement civil confiscation laws, including Civil Forfeiture, NCB Asset Forfeiture, and In Rem Forfeiture.